What You Need to Know About How the Child’s Best Interests are Determined in California
In California, a judge makes the final decision regarding a divorced couple’s children. Here’s everything you need to know about how the child’s best interests are determined in California.
The most important consideration in determining the custody of, or visitation rights to, a child is the best interests of the child. There is no fixed formula for the care of children nor is there one standard for all children. The courts use their discretion in determining each case, but they do consider the factors outlined in the California Family Code.
The Four Main Factors the Courts Consider When Determining the Best Interests of a Child
- The health, safety, and welfare of the child
- The nature of the relationship between the child and each parent,
- A history of abuse against a child, and
- The use of illegal controlled substances, abuse alcohol, use prescribed controlled substances by each parent
Related: What The “Child’s Best Interests” Mean in California Courts
Additional Considerations the Courts Consider When Determining the Best Interests of a Child:
Parents’ Plans
The feelings and desires of parents are not usually considered in determining child custody except in how they relate to the best interests of the child. However, an agreement by the parents, or stipulation between parents, is typically taken into consideration by the courts.
Related: How to Make a Child Visitation Schedule in California
Child’s Preferences
The wishes of a child may be considered in the courts if the child is of sufficient age and has the capacity to reason a rational preference for custody. The court is required to consider and give equal weight to the child’s wishes in making an order granting or changing a custody order.
Related: California Family Code Section 3042: The Basics
Parents’ Religious Beliefs Considering the Child’s Best Interests
Religious beliefs may also be considered when determining the best interests of a child. The courts are impartial about religion and will not disqualify a parent solely based on his or her religious beliefs. However, they may examine the effect of those views or beliefs on the development of a child involved in a custody dispute in order to ensure those beliefs do not endanger the child. The courts will not restrain a custodial or noncustodial parent from involving a child in his or her religious beliefs and practices without a clear, affirmative presentation that the religious activities will be harmful to the child.
Each parent’s mental or physical disability
Again, there is no blanket standard for determining custody and visitation rights by a judge. Each case must be looked at on its own, based on all the facts involved. This includes a parent or parent’s mental or physical disabilities. The courts usually do not assume harm to a child based on the mental or physical disability of a parent; they typically examine each factual situation to determine what kind of harm might result instead.
Financial and economic considerations
One parent’s income is not a permissible basis for a custody award. Thus, it would not be proper to assume the child will live with their wealthier parent. In addition, the courts cannot grant or restrict custody on the basis of one parent relying on a daycare for help. If the custodial parent’s income is insufficient to provide proper care for the child, the remedy is to award child support, not to deny or take away custody.
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If you or a loved one have any more questions about how the child’s best interests are determined in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!